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Patna High Court

SUKHO MANDAL @ RAMBRIKSHA MANDALversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated under Section 394 of the Code of Criminal Procedure, 1973 (Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Summary

The appellant, Sukho Mandar, died during the pendency of his criminal appeal against the State of Bihar. The court examined a letter from the Superintendent of Police and a police report confirming the death and attaching a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if no near relative files an application to continue it. Since no relative applied, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court records were ordered to be sent back to the concerned court.

Issues considered

  • Whether a criminal appeal abates upon the death of the appellant when no near relative applies for leave to continue the appeal under Section 394 CrPC.

Legislation cited

Subjects

  • abatement
  • criminal appeal
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL APPEAL (DB) No.677 of 2008
                 ======================================================
                 Sukho Mandal @ Rambriksha Mandal, Son of Bhailal Mandal, Resident of
                 Mohalla-Moghal Bazar, Police Station-Kotwali, District-Munger.

                                                                              ... ... Appellant/s
                                                     Versus
                 State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :      Mr.Dhirendra Nath Jha, Advocate
                 For the Respondent/s     :      Mr.A.Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

5   12-05-2026                    Perused the Letter No. 480 dated 02.05.2026 of the

                   Superintendent of Police, Munger along with the report of

                   S.H.O., Vasudevpur Police Station, Munger dated 01.05.2026,

                   wherein it is indicated that during enquiry it came to light that

                   the sole appellant Sukho Mandal @ Rambriksha Mandal has

                   died. Death certificate of the appellant issued by the Department

                   of Planning and Development, Government of Bihar, Patna has

                   also been enclosed with the said report.

                                  2. In view of the said letters as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and
           Patna High Court CR. APP (DB) No.677 of 2008(5) dt.12-05-2026
                                                       2/2




                     disposed of.

                                   3. Let the trial court records be sent back to the

                     concerned court immediately, if not required in any other case.



                                          (Sangam Kumar Sahoo, CJ)


                                                 ( Harish Kumar, J)
ranjan/-

U


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